Court : Uttaranchal State Consumer Disputes Redressal Commission SCDRC Dehradun
..... the machine was insured for the period from 05.03.2009 to 04.03.2010 at an idv of rs.13,50,000/- and it met with an accident on 25.05.2009 and hence the complainant is entitled to the full insured amount and the present case can very well be termed as that of total loss and the district forum was justified in awarding the said ..... so far as another plea taken by the insurer that at the time of the accident, the machine was being used as tool of trade? ..... ; that the machine was being used for commercial purpose; that the district forum, dehradun has no territorial jurisdiction in the matter; that at the time of the accident, the machine was being used as tool of trade? ..... the surveyor has also stated in his report that in the accident, the machine was badly damaged. ..... +the complainant lodged the fir with the police on 25.05.2009 and gave intimation of the accident to the insurance company on 27.05.2009. ..... in the said accident, the driver of the machine also died. ..... thus, there was no fault of the driver in causing the accident. .....
Tag this Judgment!Court : Uttaranchal State Consumer Disputes Redressal Commission SCDRC Dehradun
..... the insurance company filed written statement before the district forum and pleaded that the insured vehicle was a goods vehicle, whereas at the time of the accident, it was carrying passengers; that since the vehicle was being used in contravention of the terms and conditions of the insurance policy as well as the provisions of the motor vehicles act, 1988 and hence the claim ..... this apart, as is stated above, the claim in the instant case was repudiated by the insurance company on the ground that at the time of the accident, the vehicle was being driven in contravention of the terms and conditions of the insurance policy as well as the provisions of the motor vehicles act, 1988. ..... 3,25,950/- with the insurance company, which was repudiated by the insurance company on the ground that at the time of the accident, the vehicle was being driven in contravention of the terms and conditions of the insurance policy as well as the provisions of the motor vehicles act, 1988. ..... in para 7 of the consumer complaint, the complainant has specifically stated that in the accident in question, the owner of the goods, his wife and child died and the driver and cleaner of the vehicle got seriously injured. ..... on receipt of the intimation regarding the accident, the insurance company had appointed rakesh sarna and company as spot surveyor, but the spot survey report is not on the record of the appeal, however, from the perusal of the impugned order passed by the .....
Tag this Judgment!Court : Uttaranchal State Consumer Disputes Redressal Commission SCDRC Dehradun
..... the insurance company filed written statement before the district forum and pleaded that the place where the accident took place, was not covered under the permit granted to the complainant; that as per the letter of the deputy commissioner, shimla, himachal pradesh, only the transport vehicles were exempted from payment of goods ..... at the time of the accident, the vehicle was being driven by sh. ..... as is stated above, the accident in question took place when the insured vehicle was coming back from shimla to dehradun. ..... insurance company has repudiated the claim of the complainant on the ground that, the claim is not maintainable as the permit in the present matter did not authorise to carry out the vehicle at the area where accident occurred as discussed? ..... when the insured vehicle was coming back from shimla to dehradun, it met with an accident on 13.09.2003. ..... hence, on the date of the accident, i.e. ..... claim with the insurance company, which was repudiated by the insurance company on the ground that as per the permit, the complainant was not authorised to take the vehicle to the area where it met with an accident. .....
Tag this Judgment!Court : Uttaranchal State Consumer Disputes Redressal Commission SCDRC Dehradun
..... approval of the claim; that in the meanwhile, it was found that as per the registration certificate of the vehicle, the seating capacity was only one, whereas at the time of the accident, two persons were seating in the vehicle; that on non-standard basis, the claim of the complainant was settled at rs.7,23,000/- by deducting 25% amount; that the complainant was asked to ..... deduction of 25% on non-standard basis is concerned, since the registration certificate of the machine prescribed the seating capacity as 2+1 and also in view of the fact that the cause of the accident was not the overloading of the machine and hence there was no justification on the part of the insurance company to make deduction of 25% on account of overloading of the machine and to settle ..... company has taken the stand that in view of the fact that the seating capacity of the insured vehicle was only one and since at the time of the accident, two persons were seating in the vehicle and hence the claim of the complainant was to be settled on non-standard basis after making 25% deduction and the insurance ..... is stated above, the registration certificate of the machine prescribed the seating capacity as 2+1 and the cause of the accident was not the overloading of the machine and hence the insurance company was liable to indemnify the loss occasioned to the insured on account of the accident of the insured property and the insurance company has certainly made deficiency in service by not settling the claim of .....
Tag this Judgment!Court : Uttaranchal State Consumer Disputes Redressal Commission SCDRC Dehradun
..... in the said case, the injured was a cart puller and in the accident, he suffered multiple fractures in left leg and underwent two surgeries and his left leg below knee was amputated. ..... another; iv (2010) acc 815 (sc), wherein the honble apex court has held that under the motor vehicles act, 1988, just compensation is one which should fully and adequately restore claimant to position prior to accident. .....
Tag this Judgment!Court : Uttaranchal State Consumer Disputes Redressal Commission SCDRC Dehradun
..... on 20.01.2008, when the insured vehicle was returning from rai bareilly to nainital, it met with an accident and got badly damaged. ..... an fir was lodged with police station mohanlalgunj, lucknow and the opposite party was also informed immediately about the accident by the complainants husband. .....
Tag this Judgment!Court : Uttaranchal State Consumer Disputes Redressal Commission SCDRC Dehradun
..... 4.2 any expenses on hospitalisation / domiciliary hospitalisation incurred during first 30 days from the date of commencement of insurance cover except in case of injury arising out of accident. 7. .....
Tag this Judgment!Court : Uttaranchal State Consumer Disputes Redressal Commission SCDRC Dehradun
..... as per the certificate dated 04.01.2010 issued by the gram panchayat, baar ganga, the deceased died in a road accident during the course of his employment. ..... viresh kumar has died in a road accident on 22.12.2009. .....
Tag this Judgment!Court : Uttaranchal State Consumer Disputes Redressal Commission SCDRC Dehradun
..... bhim singh bisht, who was driving the vehicle at the time of the accident and the insurance company has not been able to prove that there was no depiction of mark of l? ..... there is also no dispute with regard to the fact that at the time of the accident, the complainant, who was holding a valid and effective driving licence to drive the vehicle in question, was sitting along with sh. ..... by the said vehicle, gas cylinders were transported from haridwar to karanprayag and on 23.04.2006, after unloading the gas cylinders, when the truck was coming back to the gas plant at bahadarabad, haridwar, it met with an accident with another truck bearing no. ..... in the said accident, the insured truck was damaged and the complainant as well as sh. ..... the accident in question took place on 23.04.2006. ..... bhim singh bisht, who was driving the vehicle at the time of the accident. ..... bhim singh bisht and they both sustained injuries in the accident. 7. ..... there is no dispute with regard to the fact that on the date of the accident sh. ..... a learning driving licence only in respect of heavy transport vehicle; that there was violation of the provisions of section 3 of the motor vehicles act, 1988; that on investigation of the matter, it was found that at the time of the accident, sh. .....
Tag this Judgment!Court : Uttaranchal State Consumer Disputes Redressal Commission SCDRC Dehradun
..... to submit the fitness certificate of the vehicle, but he did not do so; that on investigation of the matter, it was found that the fitness of the vehicle had expired on 09.06.2007 and since on the date of the accident, the vehicle was not having a valid fitness certificate and hence the claim was not payable and was rightly repudiated vide letter dated 21.11.2008 and that there is no deficiency in service on their part. 4. ..... the said case, the fitness certificate was not renewed at the time of accident and the repudiation of the claim by the insurer was held to be justified ..... that the vehicle had no valid fitness certificate on the said date, the insurance company was not at all justified in repudiating the claim of the complainant on the ground that on the date of the accident, the vehicle was not having a valid fitness certificate. ..... of the vehicle without verifying the fact that the fitness certificate of the vehicle is valid or not and hence it can not later on repudiate the claim on the ground that on the date of the accident, the fitness certificate was not valid. ..... , before the date of the accident and that on the date of the accident, the vehicle was not having a valid fitness ..... on 13.03.2008, the insured vehicle met with an accident at a place near nakot road, nakul khal nala chowk, ..... the intimation of the accident was given by the complainant to the insurance company ..... the accident in question took place on 13.03.2008 and the vehicle was insured for the period from 15.10.2007 .....
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